New York Vehicle & Traffic Law: Tireless Wireless
Supreme Court, New York County: Schlass v. David J. Swarts, Commissioner, NYS DMV
In California, it’s three strikes and you’re out. Repeat felony offenders know that the third felony conviction is not a charm, it’s a life sentence.
New York now has its own three-time offender law. Only it doesn’t point to a cell, it points to a cell phone.
Natalie Schlass got busted for the third time in 18 months for using her cell phone while driving, a violation of Section 1225-c of New York’s Vehicle and Traffic Law (“no person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion”). After a hearing before the Department of Motor Vehicles, Natalie’s license was suspended for 31 days. Her appeal found its way to New York Supreme Court.
Natalie called the sentence “arbitrary and capricious” and claimed it “shocked the conscience” since the offense does not carry points and the VTL section does not specifically provide for suspension of a license for using her mobile while motoring in midtown. She also claimed hardship (she is the sole caretaker of her 95 year old father and must take him for frequent doctor visits) and that she had no idea such a punishment could result.
All wrong numbers as far as the court was concerned.
Having failed to bring up the hardship claim at her earlier hearing, the court refused to entertain it; it did, however, entertain a history of bad driving which the court concluded was as detrimental to her father’s health as was his pulmonary fibrosis. And as for notice and the right of the DMV to suspend for 31 days, the court basically said “read the VTL in its entirety,” not your recent messages. It’s in there! Temporary suspension of a driver’s license is an available remedy “for any violation of this chapter…”
Having put all of Natalie’s argument’s on hold, the court’s text was unambiguous: If you didn’t change your behavior because of fines, a suspension of your license might alter your calling patterns.
Or put another way, “can you hear me now?”
New Yorkers beware: Points on your license isn’t the only road to revocation or suspension; speed dialing can get you grounded, same as speeding. Make your call later, or you could be calling for assistance of counsel.
